TMI Blog2021 (10) TMI 516X X X X Extracts X X X X X X X X Extracts X X X X ..... HAT:- As the industrial unit was set up on 26/10/2006, and the initial assessment year in which deduction under section 80 IC of the Act was claim, was assessment year 2007-08 from each year onwards such a claim was allowed to the assessee, and, therefore, tribunal returned a finding that the assessee is entitled to the deduction in section 80 IC of the Act and the classification of aluminium foil laminated on both sides with plastic films would be under Chapter Headings 7607 instead of Chapter Headings 3920. We find that the issues involved in this matter are directly and substantially covered in assessee's own case in earlier years [ 2019 (2) TMI 1191 - ITAT DELHI ] and while respectfully following the same we hold that the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Ld. CIT(A) erred in law and on the facts of the case in deleting the addition of ₹ 1,61,27,898/- on account of disallowance u/s 80IC of the Act. 2. The appellant craves to leave to add, amend or forego any ground(s) of appeal raised above at any time before or during the hearing of this appeal. 4. During the course of assessment proceedings, AO noticed that assessee had claimed deduction of ₹ 1,61,27,898/- u/s 80IC of the Act. Assessee was asked to justify the claim to which assessee made detailed submissions and inter alia submitted that the claim of deduction for A.Y. 2010-11, 2012-13 2013-14 was denied by AO but was thereafter allowed by CIT(A). AO denied the claim of deduction u/s 80IC of the Act for the reas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the present ground is with respect to allowing the claim of deduction u/s 80IC of the Act by CIT(A). We find that identical issue was decided by the Coordinate Bench of Tribunal in assessee s own case by order dated 08.02.2019 in ITA Nos.5994/Del/2014 6550/Del/2015 for A.Y. 2010-11 2012-13 and the aforesaid order was followed by the Co-ordinate Bench of Tribunal while deciding the assessee s own case for A.Y. 2013-14. The relevant observations of the Tribunal are as under: 2. Brief facts of the case are that the assessee is engaged in the business of manufacture of Induction Heat Seal Cap Liner material and Induction Wads. For the assessment year 2013-14 it has filed its return of income on 30/9/2013 declaring an income of ₹ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s assessment year 2007-08 from each year onwards such a claim was allowed to the assessee, and, therefore, while following the decision of the Hon'ble Apex Court High Court in the case of International Tractors Limited297 CTR 119 Tribunal returned a finding that the assessee is entitled to the deduction in section 80 IC of the Act and the classification of aluminium foil laminated on both sides with plastic films would be under Chapter Headings 7607 instead of Chapter Headings 3920. 5. Facts submitted by the Ld. AR are not in dispute and Ld. DR does not controvert the same. A copy of the order dated 18/02/2019 in ITA No. 15 and 94/del/2014 and the 6550/del/2015 for assessment years 2010-11 and 2012-13 is produced. We have perused ..... X X X X Extracts X X X X X X X X Extracts X X X X
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